Court disposed of two criminal revision applications and a compromise application. Under Section 320 CrPC, settled dispute led to quashing of pending criminal case before Metropolitan Magistrate.
Case no. C/931/2004 pending before Life of 12th Court of Metropolitan Magistrate stood quashed.
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16.09.2022
BMJR
CRR 638 of 2009 With
22 With Ct. No.236 CRAN 1 of 2022 & CRAN 2 of 2022
Pankaj Agarwal & Anr. Vs.
State of West Bengal & Anr.
Mr. Sourav Chatterjee, Ms. Namrata Chatterjee
…. For the petitioner Mr. Sandip Chakraborty …. For the State Mr. Arijit Bhusan Bagchi
…. For O.P No.2
In Re: CRAN 1 of 2022
Mr. Chatterjee, representing the petitioner in compliance with the order passed by a Co-ordinate Bench of this Court on 28.08.2022, the petitioner paid the cost of Rs.25,000/- before the Court of learned Additional Chief Judicial Magistrate, Siliguri.
Mr. Chakraborty, learned advocate representing the State submits that he is not willing to stand in the way.
Affidavit of compliance filed is taken on record.
CRAN 1 of 2022 is, thus, disposed of.
In Re: CRAN 2 of 2022
This is an application under Section 320 of the Code of Criminal Procedure jointly filed by the petitioner and the respondents.
2
It is contended that the parties have settled their dispute out of Court and consequent upon that settlement the parties wish the Court to drop the proceeding.
In view of sub-section (6) of Section 320 of the Code of Criminal Procedure, I am inclined to accept the compromise.
Accordingly, the application being CRAN 2 of 2022 is disposed of. The proceeding being Case no. C/931/2004 pending before Ld. 12th Court of Metropolitan Magistrate stands quashed.
The criminal revision is thus disposed of.
(Siddhartha Roy Chowdhury, J.)
1 issue framed by the court
Whether to accept an out-of-court settlement to drop criminal proceedings under Section 320 CrPC
1 provisions across 1 enactments
Pankaj Agarwal
State of West Bengal
Siddhartha Roy Chowdhury
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
